Elhindi v. State of California et al

Filing 35

ORDER signed by Magistrate Judge Allison Claire on 4/20/2017 ORDERING Plaintiff Elsiddig A. Elhindi will submit to a medical/psychiatric examination, pursuant to FRCP 35 on 5/18/2017; Dr. Carroll will be designated as Defendant's expert witness and will prepare a report of his findings and conclusions which meet the requirements of FRCP 26(a)(2)(B), 35, and any other applicable rule. Upon receiving the report from Dr. Carroll, Defendant will deliver a copy of the report along with any additional reports regarding the findings of any psychological testing, to Plaintiff's counsel. Defendant will deliver all supplemental reports to Plaintiff's counsel as they become available. (Reader, L)

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ALAN J. REINACH, State Bar No. 196899
JONATHON s.CHERNE, State Bar No. 281548
Church State Council
2686 Townsgate Road,
Westlake Village, CA 91361
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Plaintiff,
Elsiddig Elhindi
XAVIER BECERRA, State Bar No. 118517
Attorney General of California
SUSAN E. SLAGER, State Bar No. 162942
Supervising Deputy Attorney General
SHANNA M. McDANIEL, State Bar No. 229249
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant
Department of Corrections and
Rehabilitation
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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2:15-CV-00009-MCE-AC
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STIPULATION AND ORDER FOR
MEDICAL EXAMINATION

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Date:

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May 18, 2017

STATE
CALIFORNIA DEPARTMENT
AND

Action Filed: January 5, 2015

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STIPULATION AND ORDER REGARDING MEDICAL EXAMINATION
(2:15-CV-00009-MCE-AC)

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WHEREAS, Plaintiff Elsiddig Elhindi has testified, under oath, at his deposition, that he
has experienced harassment and retaliation at work, based on his Muslim faith, his race, and his

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Sudanese origin; and
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WHEREAS, he has also testified that he has experienced extreme and ongoing emotional
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distress, including post-traumatic stress disorder, as a result of the alleged harassment and
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retaliation; and
WHEREAS, the Plaintiff agrees to a mental examination of Plaintiff to evaluate his
mental condition and the emotional distress he claims to have experienced;
NOW THEREFORE, THE PARTIES AGREE AND STIPULATE AS FOLLOWS:
Plaintiff Elsiddig Elhindi will submit to a medical/psychiatric examination, pursuant to

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Federal Rule of Civil Procedure 35, as follows:

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'

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Date:
Time:

9:30 am

Location:

MOA Deposition Reporters
1760Creekside Oaks Drive, Suite 175
Sacramento, CA 95833

Examining Physician:

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May 18, 2017

Matthew F. Carroll, MD (CV attached as Exhibit A)

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Manner of Examination:

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1.

Dr. Carroll will interview Plaintiff Elhindi about his employment situation, his

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allegations against the defendant, the emotional distress he alleges from his employment

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situation, his medical, financial, legal, educational, family, marital, and developmental

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background, his habits, his vocational history, and other relevant areas of his life. Plaintiff will

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not be required to undergo any sort of physical examination, will not be finger printed, and will

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not be photographed or video-recorded. After the interview, Dr. Carroll will administer the

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Minnesota Multiphasic Personality Inventory Test.

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2

STIPULATION AND ORDER REGARDING MEDICAL EXAMINATION
(2:15-CV-00009-MCE-AC)

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2.

Plaintiff will not be required to fill out new patient forms, insurance forms,

authorization for records, or arbitration forms prior to the examination and will not be asked to do

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so by Dr. Carroll.
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3.

The total length of the examination will last approximately five hours exclusive of

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breaks, depending on various factors, including Plaintiff s cooperation. Dr. Carroll shall not seek
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to uncover any attorney-client privileged information or ask questions that call for a legal

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conclusion. Plaintiff will be entitled to take reasonable rest or bathroom breaks, if necessary.

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The on1y persons permitted in the examination session will be Dr. Carroll and Plaintiff; no one

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else will be allowed to attend or be present. Dr. Carroll will tape record the examination session,

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but will not provide a copy of the recording to Plaintiff. However, Plaintiff is welcomed to bring

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his own recording device a:nd record the session for himself.

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Report:
1.

Dr. Carroll will be designated as Defendant's expert witness and will prepare a

report of his findings and conclusions which meet the requirements of Federal Rules of Civil
Procedure 26(a)(2)(B), 35, and any other applicable rule. Upon receiving the report from Dr.
Carroll, Defendant will deliver a copy of the report along with any additional reports regarding

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the findings of any psychological testing, to Plaintiff's counsel. Defendant will deliver all
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supplemental reports to Plaintiff's counsel as they become available.

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2.

The test(s) taken by Plaintiff as part of the mental examination, along with any

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notes and/or written reports and/or records maintained in any format, including electronic data,

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are confidential medical records relating to Plaintiff’s mental health. These records are

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confidential and shall not be subject to distribution, without the written authorization of Plaintiff,
to anyone except for legal counsel for Defendant, counsel's experts or consultants, and necessary

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members of counsel's staff, who shall treat these documents as confidential. Said records may be

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STIPULATION AND ORDER REGARDING MEDICAL EXAMINATION
(2:15-CV-00009-MCE-AC)

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used by defense counsel in preparation for trial, in trial, and in other proceedings by Plaintiff

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against Defendant, but for no other purpose unrelated to Plaintiff’s litigation(s) against

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Defendant. At the conclusion of this case, Dr. Carroll will return his entire original file to defense
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counsel and destroy any of his other remaining copies.
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Additional Stipulations:
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1.

Defendant will transmit a copy of the signed order to Dr. Carroll so that he is

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aware of the parameters of the agreed-upon examination. Dr. Carroll will not engage in ex parte

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contact Plaintiff s other health care providers with regard to Plaintiff, although he is entitled to

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rely upon Plaintiff s lawfully produced medical and health treatment records in preparing his

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report. Dr. Carroll may ask for identification from Plaintiff but shall not seek to photocopy or

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record Plaintiff’s government identification.

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2.

Dr. Carroll, and/or his staff, shall not engage in ex parte contact with Plaintiff’s

Health Care Providers, with regard to Plaintiff.

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Plaintiff reserves the right to argue that any ·information acquired or learned or any

evaluation made in violation of this agreement will not be eyidence for any reason. The parties

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further agree that the Court may, upon motion at trial, strike, preclude or limit any testimony

of

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the examiner as appropriate and that Plaintiff is not waiving his right to such relief by agreeing to

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this examination.

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STIPULATION AND ORDER REGARDING MEDICAL EXAMINATION
(2:15-CV-00009-MCE-AC)

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Dated: April 14, 2017

Respectfully submitted,

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Isl Jonathon S . Cherne

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JONATHON CHERNE
CHURCH STATE COUNCIL

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Attorneys for Plaintiff,
Elsiddig Elhindi

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Dated: April 14, 2017
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XAVIER BECERRA

Attorney General of California
SUSAN E. SLAGER
Supervising Deputy Attorney General

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Isl J. T.Lindstrom

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TED LINDSTROM

Deputy Attorney General
Attorneys for Defendant
Department of Corrections and
Rehabilitation

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ORDER

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IT IS SO ORDERED.
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DATED: April 20, 2017

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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SA2015102185
Stipulation & Order For Medical Examination.doc

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